HUTCHINSON, Kan. – The lawsuit filed by Next Era Energy over the legality of the protest petitions associated with a proposed wind farm now has a challenge by more landowners.
These three landowners want to intervene, challenging the claims made by attorneys for Next Era.
Next Era Energy and Pretty Prairie Wind LLC., claims in their lawsuit that some of the petitions are not valid due to the method in which they were acquired and all of them should be dismissed.
The landowners within the area of the proposed wind farm managed to force a super vote of the Reno County Commission meaning all three had to be in favor of granting the permit.
The landowners involved with this motion to intervene have land adjoining the area proposed for the wind farm and are claiming an interest in the transaction and want Judge Tim Chambers to find their protest to the project recognized as valid under the due process clause. They believe they have an interest in what happens. They worry that if the protest petitions earlier deemed valid were to be made invalid, the two commissioners who voted in favor could then grant to conditional use permit.
If that were to happen, they say they would be able appeal the reasonableness and legality of that decision including the determination with respect to validity of that protest petitions. They would then be required to litigate that decision.
Of course they have to get the approval of Judge Chambers which could come in a hearing in this case. No dates have been set for any hearings on this matter.
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